Virginia lawmakers weigh proposal to safeguard contraception access

The legislation defines contraception broadly and limits how governments can regulate it.

Virginians who rely on birth control to prevent pregnancy could soon see those protections written into state law as lawmakers prepare to consider a proposal that would guarantee access to contraception statewide.

House Bill 6, filed last month by Del. Marcia S. Price, is among several bills this session that address issues from raising the minimum wage to preserving affordable housing and protecting same-sex marriages.

If passed, HB 6 would create a statutory right for individuals to obtain and use contraceptives and for health care providers to offer contraceptive care and related information. The legislation would also bar state and local governments from enforcing laws that “limit, delay, or impede access to contraceptives or information related to contraception.”

The measure defines contraception broadly, covering FDA-approved methods like birth control pills, intrauterine devices (IUDs), implants, injectables, patches, rings, condoms, and emergency contraception such as Plan B. It also covers sterilization procedures, while reaffirming that such procedures must be voluntary and based on a patient’s informed consent. Additionally, according to the document, it does not include age restrictions for obtaining contraceptives.

Under the bill, state and local governments would be prohibited from restricting the sale, provision, or use of contraceptives, or from enforcing policies that make birth control harder to obtain. HB 6 also bars rules that treat contraceptives differently from other medications in ways that could reduce access. Individuals or entities subject to such restrictions would be allowed to use the bill as a defense in court.

Additionally, HB 6 includes an enforcement mechanism that would allow the Virginia attorney general to bring civil actions against individuals or agencies that enforce conflicting laws or policies. Patients, providers, and other affected parties could file lawsuits to block such enforcement. If a court found a violation, it would be required to strike down the offending law or policy, which could lead to issuance of temporary or permanent injunctions.

The proposal arrives after Republican Gov. Glenn Youngkin’s second veto to the state Right Contraception Act and in the wake of a trifecta of Democratic successes: Abigail Spanberger won the Virginia gubernatorial race in November, with Ghazala Hashmi as her lieutenant governor. Jay Jones was elected attorney general, making history as the first Black candidate to win that role in Virginia. These victories signaled broad voter interest in issues like  reproductive health and economic stability ahead of the 2026 legislative session.

READ MORE: Democrats expand control of Virginia House of Delegates

In a statement, the Virginia House Democratic Caucus said that “the initial HB 6 filings focus on protecting fundamental rights and freedoms and strengthening economic security for working families across the Commonwealth.”

The bill has yet to be sent to committee, but the state General Assembly will convene in January. If enacted, Virginia would join a small number of states that have passed explicit statutory protections for contraception access, regardless of changes in federal policy or shifting national debates.